Can You Visit Canada with a DUI?

If you have a DUI conviction, you may wonder whether you can visit Canada for work, family, or travel. The short answer is yes, but only if you take specific legal steps. Under Canadian immigration law, a DUI offense is considered a serious crime, which means you could be considered criminally inadmissible. This applies even to a single DUI conviction, regardless of whether it was classified as a misdemeanor in the United States or another country.

Canada treats impaired driving as a significant threat to public safety. Because of this, anyone with a DUI record, whether from alcohol, cannabis, or other substances, must prove they have overcome criminal inadmissibility before entering.

How a DUI Affects Your Eligibility to Enter Canada

A DUI Canada entry issue arises because under Canadian federal law, impaired driving is now categorized as “serious criminality.” This means the offence is treated much more severely than in many other countries. Even if you only received probation or fines, Canadian immigration officers may still deny you entry.

At the border, Canada Border Services Agency (CBSA) officers check your information against criminal databases, including the FBI criminal database. If a DUI arrest or conviction appears, you can be denied entry immediately unless you have proper authorization such as a Temporary Resident Permit (TRP) or have completed criminal rehabilitation.

In other words, your criminal record does not disappear when you travel. A past DUI conviction is enough to block you from entering Canada, even if it happened many years ago.

Types of DUI Convictions That Impact Entry

Not all offences are treated the same, but most forms of DUI convictions will cause problems at the Canadian border. Examples include:

• Single DUI conviction (alcohol or drugs)

• Multiple DUI convictions

• Wet reckless driving (reduced DUI charge in some U.S. states)

• Dry reckless driving conviction (sometimes treated as impaired driving under Canadian law)

• Dangerous or reckless driving tied to alcohol or drug use

• Ability impaired charges

• Past DUI convictions resulting in jail or probation

Even minor traffic violations are different from impaired driving. Speeding tickets or other small offences generally do not cause issues, but anything related to impaired or reckless driving is treated as a criminal offense under Canadian law.

How to Overcome a DUI-Related Inadmissibility

The good news is that there are ways to overcome criminal inadmissibility. Options include temporary permission, permanent solutions, and in some cases, deemed rehabilitation. Which option applies to you depends on your dui sentence, how much time has passed, and whether you have any prior criminal history.

Temporary Solution: Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) allows a person with a DUI record to enter Canada for a limited time. A TRP may be valid for a few months or up to three years, depending on the circumstances.

You can apply for a TRP if:

• You have an urgent or valid reason to visit Canada (business trip, family emergency, conference).

• The need to enter Canada outweighs any potential risk to Canadian society.

• You submit a complete application form, including a legal opinion letter from an immigration lawyer explaining your case.

The Canadian immigration officer reviewing your TRP application has discretion. There is no guarantee of approval. However, with strong supporting documents, many foreign nationals with a single DUI conviction can be granted a TRP.

For more details, visit our Temporary Resident Permit page.

Permanent Solution: Criminal Rehabilitation

Criminal rehabilitation is the permanent way to resolve inadmissibility. Once approved, your past DUI convictions will no longer prevent you from entering Canada.

You are eligible to apply for criminal rehabilitation applications if:

• At least five years have passed since completing your dui sentence (including probation, fines, or driving prohibitions).

• You can demonstrate that you are rehabilitated, meaning you have maintained good conduct and pose no risk to Canadian society.

Processing can take 12 months or longer, so it is wise to apply well before you plan to travel. Once approved, you will not need a TRP for Canada DUI entry.

Deemed Rehabilitation

In some cases, a person may be considered deemed rehabilitated without formally applying. This usually applies when:

• It has been more than 10 years since the completion of your sentence for a single DUI conviction.

• You have no multiple DUI convictions or other criminal convictions.

• The DUI would be equivalent to an indictable offence punishable by less than 10 years under Canadian law.

Deemed rehabilitation is not guaranteed. The decision rests with Canadian border officials. If you want certainty before traveling, it is safer to apply for criminal rehabilitation.

Legal Grounds for Canada to Deny Entry to People with a DUI

Under Canadian immigration law, foreign nationals can be denied entry if they:

1. Were convicted of a criminal offense in Canada.

2. Were convicted of an offence outside Canada that would be considered a crime under Canadian law.

3. Committed an act abroad that would be punishable in Canada.

This includes DUI offenses, reckless driving, and drunk driving. Even a misdemeanor DUI in the United States can lead to denied entry at the Canadian border.

The Canadian government and border authorities enforce these rules strictly. Canadian immigration officials can refuse entry on the spot, even if you are only traveling for a short visit.

Step-by-Step Guide to Apply for Entry with a DUI

If you need to enter Canada with a DUI record, follow these steps:

1. Assess your situation

   • Do you have a single DUI conviction or multiple DUI convictions?

   • Has it been less than ten years or more than ten years since your sentence ended?

2. Choose the right solution

   • Apply for a Temporary Resident Permit (TRP) if you need short-term access.

   • Apply for criminal rehabilitation if at least five years have passed since your sentence.

   • Determine if you may qualify for deemed rehabilitation.

3. Prepare your application package

   • Complete the application form.

   • Gather documents: criminal history report, FBI criminal database check, court documents, legal opinion letter, and personal reference letters.

   • Include proof of why you need to visit Canada (work, family, or travel).

4. Submit your application

   • If outside Canada, apply at a Canadian consulate or visa office.

   • If inside Canada, file through the proper mailing address or online system.

5. Wait for a decision

   • Applications can take months or even over a year.

   • During this time, you may not be allowed to travel until authorization is granted.

Risks of Trying to Enter Canada Without Proper Authorization After a DUI

Attempting to enter Canada without authorization after a DUI conviction is risky. Canadian border agents have broad powers. If they find your dui record in a criminal database, they can:

• Deny you entry immediately.

• Flag your file in Canadian immigration databases.

• Take enforcement actions, such as arrest, detention, or removal, if you are already in Canada.

Even if your offence was years ago, without a TRP or rehabilitation, Canadian immigration authorities can stop you at the border. It is far better to resolve your criminal inadmissibility in advance with the help of experienced immigration lawyers.

How Our Immigration Lawyer Can Help You Navigate DUI-Related Entry Issues

Dealing with Canada DUI entry problems can be overwhelming. The rules are strict, and even small mistakes in your application may cause delays or outright refusals. This is why working with the lawyers at AKM Law can make such a difference. Our team can review your criminal history and advise whether you qualify for deemed rehabilitation, a Temporary Resident Permit (TRP), or criminal rehabilitation.

The lawyers at AKM Law can also prepare a legal opinion letter that clearly explains your situation to Canadian immigration officers, ensuring your case is presented as strongly as possible. We will make sure your application package is complete, with all the necessary supporting legal documents, while also advocating for your case before the appropriate Canadian authorities.

Our firm offers free consultations to help you assess the best strategy for your circumstances. We regularly assist clients with past DUI convictions, wet reckless driving charges, and other criminal convictions that affect their ability to visit Canada. Whether you require urgent help for an upcoming trip or long-term solutions like rehabilitation, the lawyers at AKM Law are ready to guide you every step of the way.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.